Reports made to DFACS under the Children and Young Persons (Care and Protection) Act 1998 (NSW) are inadmissible in criminal proceedings, including in the Supreme Court, even where a child is the victim of the offence. The exception in s 29(1)(d)(iii) for 'proceedings in relation to a child or young person before the Supreme Court' is limited to proceedings affecting the legal rights, interests or welfare of a child (such as parens patriae or supervisory jurisdiction), and does not extend to criminal prosecutions. The earlier decisions in Director-General v FEW and Attorney-General's Application are not followed on this point.
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